The EU Court of Justice holds that colluding to disseminate information constitute a restriction of competition "by object" (Roche / Novartis)

On January 23rd, 2018, the ECJ delivered its preliminary ruling on theRoche/Novartis v. Commissioncase (C-179/16), concerning the compatibility of an agreement entered into between Roche and Novartis with Article 101 TFEU. The controversy originated before of the ICA, which on 27 February 2014 issued two fines (approximately 92 million euros each) to Roche/Roche Italia and Novartis/Novartis Italia. In particular, the ICA found the agreement between the two companies incompatible with Article 101 TFEU given that, following the authority’s reasoning, the agreement was “designed to achieve an artificial differentiation between the medicinal products Avastin and Lucentis by manipulating the perception of the risks of using Avastin in the field of ophthalmology”. Both Avastin and Lucentis

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Authors

  • Portolano Cavallo (Milan)
  • Portolano Cavallo (Milan)

Quotation

Enzo Marasà, Eugenio Foco, The EU Court of Justice holds that colluding to disseminate information constitute a restriction of competition "by object" (Roche / Novartis), 23 January 2018, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 90104

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